11 results for 'judge:"Segal"'.
J. Segal finds that the trial court should have granted an employer's motion to vacate a renewal of judgment for interest on an attorney fee award. Following a reversal that added to a previous attorney fee award in favor of an employee, the employee's attorneys sought interest from the time of the original trial court denial of fees. But because the appellate decision was not a modification, the interest on the fee award began to accrue when the appeals court reversed. Reversed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: April 24, 2024, Case #: B327821, Categories: Civil Procedure, Employment, Attorney Fees
J. Segal finds that the trial court properly denied an employer's motion to arbitrate an employee's Private Attorneys General Act claims. The trial court had the authority to decide the arbitrability of his claims since the arbitration agreement the employee signed did not clearly delegate arbitrability decisions to an arbitrator. And the agreement itself excluded both the employee's individual and representative Act claims. Affirmed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: April 23, 2024, Case #: B328425, Categories: Arbitration, Employment
J. Segal finds that the district court improperly eliminated or reduced four of eight restitution awards in racketeering claims brought against defendant for fencing stolen vehicles because defendant's sworn affidavits challenging the restitution awards must be sufficiently detailed to inform the state that he intended to challenge the amount of loss for each challenged item, whereupon the state has a duty to present evidence proving the amount of loss. Affirmed in part.
Court: Minnesota Court Of Appeals, Judge: Segal, Filed On: April 8, 2024, Case #: A23-0571, Categories: Theft, Restitution, Racketeering
J. Segal dismisses a city employee's appeal, finding that a trial court remand to a civil service commission board will provide him an opportunity to argue that he is entitled to back pay. The trial court's judgment, which set aside his suspension and ordered the board to reconsider the discipline he deserves for an unexcused absence, was not final and appealable.
Court: California Courts Of Appeal, Judge: Segal, Filed On: February 8, 2024, Case #: B328414, Categories: Civil Procedure, Employment
J. Segal partially affirms the district court's grant of summary judgment to the defendant property owners in their neighbor's adverse-possession action seeking title to or a prescriptive hunting easement over a portion of their property. While the adverse possession claim was properly dismissed because the neighbor did not pay property taxes over the disputed parcel and exemptions to that requirement do not apply, the prescriptive easement claim is revived because the uses of land required to establish a prescriptive easement claim are not limited to access.
Court: Minnesota Court Of Appeals, Judge: Segal, Filed On: January 8, 2024, Case #: A23-0619, Categories: Property, Real Estate
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J. Segal affirms the defendant's criminal sexual conduct convictions and the district court's decisions to sentence him an engrained offender and to impose lifelong conditional release. The testimony of the teenager he was accused of abusing was sufficiently reliable to support a conviction, and while the district court erred in finding that he qualified for sentencing as a dangerous offender since he has only one prior violent-crime conviction, its determination that he "previously committed" a predatory crime was not erroneous. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Segal, Filed On: December 4, 2023, Case #: A23-0133, Categories: Sentencing, Sex Offender
J. Segal finds that the trial court properly held that a gym operator was not excused from paying rent by a force majeure clause in the lease, which the operator argued was triggered by Covid-19 government closure orders. Also, the orders did not prohibit the operator from continuing a facility renovation that was underway when the orders were issued. And neither the doctrines of temporary frustration of purpose or impossibility applied. Affirmed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: September 26, 2023, Case #: B320562, Categories: Landlord Tenant, Covid-19
J. Segal finds that the trial court improperly dismissed a hospital's claim that an insurer violated the Hospital Lien Act by writing a check for a settlement amount that was payable to both the patient and the hospital. The Act requires an insurer that recovers from third-party tortfeasor to first satisfy the hospital's lien for treatment before paying the patient. Reversed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: September 19, 2023, Case #: B321876, Categories: Health Care, Insurance
J. Segal affirms the unemployment law judge's decision to deny unemployment benefits to an employee who was terminated for refusing to comply with her employer's Covid-19 vaccination policy. Substantial evidence in the record supports the judge's finding that the employee's reasons for vaccination refusal were secular, namely concerns about the vaccine's safety and efficacy, rather than the result a sincerely held religious belief.
Court: Minnesota Court Of Appeals, Judge: Segal, Filed On: June 12, 2023, Case #: A22-1230, Categories: Employment, Employment Discrimination
J. Segal finds the superior court improperly entered summary judgment in favor of the building owner as to this negligence suit arising from a tenant’s fall from the roof when he was trying to climb down to his window after having forgotten his keys. The owners have not shown that public policy considerations justify departing from a generally recognized duty of care. The tenant created a triable issue in his declaration that, had the owners had an on-site property manager or an alarm on the roof access door he would not have gone onto the roof on the night of his injury. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Segal, Filed On: May 12, 2023, Case #: B316606, Categories: Landlord Tenant, Tort, Negligence